ESM0521 - Guide to determining status: control over what is done - examples
Example 1
Painter A is taken on by a company which has a contract to
decorate the interior of an office block which is undergoing an
extensive programme of refurbishment. The worker has been taken on
as a painter and his contract with the company is to provide
painting services as directed. During the first week the worker
paints rooms on the ground floor of the building. The company
switches Painter A to another site during the second week where it
has another contract. In the third week Painter A is told to return
to the original office building where decorating work can now start
on the second floor. In this case the engager has control over what
the worker does at any particular time. This is a pointer towards
employment.
Example 2
Painter B is taken on by the same company with the contract
to decorate the office block. He contracts with the company to
paint all of the offices on the third floor. The work is to be
completed within 3 weeks. It is up to Painter B to decide what work
he is going to do in order to fulfil this contract and the company
cannot tell him to stop and paint another part of the building
instead. In this case there is no control over what is to be done
which points to self-employment.
Example 3
Painter C is the third worker to be taken on to paint the
office block. He contracts with the company to paint all of the
offices on the fourth floor. The work is to be completed within 3
weeks. 2 weeks into the job the company asks him to paint part of
the fifth floor, which Painter C agrees to do but for extra money.
Because the original contract was specifically to paint the
fourth floor, the company did not have the right to instruct
Painter C to carry out this additional work. Instead, Painter C has
voluntarily agreed to undertake the additional work for an
additional fee under a new and separate contract. The original
contract to paint the fourth floor is still effective and he must
complete that work within the agreed time scale. Again, the company
has no control over what is to be done and the contractual
arrangements point towards self-employment.
